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SINGER v. REALI

No. 15-2579, No. 16-1019.

883 F.3d 425 (2018)

Phillip J. SINGER, Individually and on behalf of all other persons similarly situated, Plaintiff-Appellant, and Joel Caplin, Individually and on behalf of all others similarly situated, Plaintiff, v. Kenneth REALI; Joseph P. Slattery; Richard Randall; Michael Luetkemeyer; TranS1, Inc., Defendants-Appellees. Phillip J. Singer, Individually and on behalf of all other persons similarly situated, Plaintiff-Appellee, and Joel Caplin, Individually and on behalf of all others similarly situated, Plaintiff, v. Kenneth Reali; Joseph P. Slattery; Richard Randall; Michael Luetkemeyer; TranS1, Inc., Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: February 22, 2018.

Attorney(s) appearing for the Case

ARGUED: Jeremy Alan Lieberman , POMERANTZ LLP, New York, New York, for Appellant/Cross-Appellee. Stephen L. Ram , Aaron C. Humes , STRADLING YOCCA CARLSON & RAUTH, P.C., Newport Beach, California, for Appellees/Cross-Appellants. ON BRIEF: Michele S. Carino , POMERANTZ LLP, New York, New York, for Appellant/Cross-Appellee. John F. Cannon , STRADLING YOCCA CARLSON & RAUTH, P.C., Newport Beach, California; Jonathan D. Sasser , Thomas H. Segars , Kelly Margolis Dagger , ELLIS & WINTERS LLP, Raleigh, North Carolina, for Appellees/Cross-Appellants.

No. 15-2579 vacated and remanded, and No. 16-1019 affirmed, by published opinion. Judge King wrote the majority opinion, in which Judge Floyd joined. Judge Agee wrote a dissenting opinion.

These appeals arise from the dismissal of a securities fraud class action complaint in the Eastern District of North Carolina. The action relates to the healthcare provider reimbursement practices of defendant TranS1, Inc., and four officers thereof — defendants Kenneth Reali, Joseph P. Slattery, Richard Randall, and...

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